Friday, January 20, 2012

Lawsuits aim to get Oceano Dunes dust rule thrown out

Two lawsuits recently filed against the San Luis Obispo County Air Pollution Control District aim to persuade a judge to throw out a dust rule proposed for implementation at the Oceano Dunes.Friends of Oceano Dunes, which boasts more than 28,000 members, filed the first lawsuit in county Superior Court earlier this month, citing numerous reasons the group believes a judge should throw out the dust rule.
Dunes enthusiast Kevin P. Rice filed his own lawsuit against the APCD on Tuesday, alleging Rule 1001: Coastal Dunes Dust Control Requirements, adopted by the Air Pollution Control District last November, is a violation of the board’s “clear and present ministerial duties.”
The goal of the rule is to protect the health of downwind residents by reducing the amount of dust particles 10 microns in diameter — known as PM10 — blowing out of the Oceano Dunes State Vehicular Recreation Area, according to the APCD.
The new rule requires that State Parks, which has operated and maintained the Oceano Dunes SVRA for more than 25 years, meet California particulate matter standards by mid-2015 or face $1,000-per-day fines for exceeding state standards at the park.